Trial Successes in Real
Estate Litigation
In Foreclosure Case, Defeated Lender’s Lien on Summary Judgment
The world’s largest bank, JPMorgan Chase Bank, N.A., sued Mr. Markham’s clients in 2016, seeking to perfect an equitable lien and enforce it by a nonjudicial foreclosure. After a particularly arduous litigation, Mr. Markham prevailed for his clients on summary judgment in 2017, winning on all claims and defeating the lender’s efforts to seize and sell a highly valuable residential property in San Diego, California. Mr. Markham also recovered his attorney’s fees and costs of suit from the lender, which subsequently abandoned its appeal, so that the outcome of this case has become final and non-appealable. Case Name: JPMorgan Chase Bank, N.A. v. Cho (S.D. Cty. Sup. Ct., Case No. 37-2016-00045054-CU-OR-CTL).
Successful Bench Trial for a Judicial Partition
In a judicial partition that proceeded to a final evidentiary hearing, the trial court granted Mr. Markham’s client substantially all of the relief that she had requested, which included (1) a decree of partition and partition sale, (2) the entirety of all contested proceeds, (3) a removal of various liens at the other side’s sole expense; and (4) attorney’s fees and costs. The property was worth approximately $900,000 at the time of the partition sale, and all of the client’s proceeds were recovered from the sale. Case Name: Tamburo v. Lipari (SF. Sup. Ct., Case No. 312202).
Successful Defense In Another Bench Trial for Injunctive Relief
In a bench trial in which Mr. Markham represented the defendant, the trial court declined to grant the injunctive relief that the plaintiff sought. This case concerned an action to quiet title and a related claim for injunctive relief. Case name: Rivet v. Dziensuwski (SD. Sup. Ct., Case No. DV 017311)
Successful Defense in a Bench Trial For Injunctive Relief
In a bench trial in which Mr. Markham represented the defendants, the trial court refused to grant the requested injunctive relief to Plaintiff, a homeowners’ association. This case concerned land use issues within a homeowner’s association. Case name: Sweetwater Lakes Homeowners Association v. Kramer (Case No. GIE 029572).
Our Recent Articles
Antitrust and Free Markets (By William Markham, © 2022)
A Misplaced, Recurring Critique. Some critics of antitrust law treat it as mere governmental overreach and an unwelcome infringement upon the ordinary operations of our free markets. Their refrain, it seems, is that each company should be left to do as it pleases in...
“Welcome Antitrust Reform Now Pending in Congress,” By William Markham, © 2021
Senator Klobuchar’s Bill Really Might Become Law. Senator Amy Klobuchar (D-Minn.) has proposed a landmark antitrust bill, entitled the “Competition and Antitrust Law Enforcement Reform Act,” which after negotiation and modification might well receive bipartisan...
The Qualcomm Case Isn’t Even a Close Call: Qualcomm Blatantly Misused Its Standard-Essential Patents in Violation of Antitrust Law (By William Markham, © 2020)
The Extraordinary Qualcomm Case. The defining antitrust issues of our time are at stake in the landmark case of Fed Trade Comm'n v. Qualcomm Inc., (N.D. Cal. 2017, Case No. 17-CV-00220-LH) ("Qualcomm"). Qualcomm specifically concerns standard-essential patents and...